Logan v. State

OPINION

HERVEY, J., delivered the unanimous opinion of the Court.

Pursuant to Section 35.02(d) of the Texas Penal Code, the punishment level for the criminal offense of insurance fraud is determined by the “value of the claim.” The punishment level for this offense ranges from a Class C misdemeanor (when the value of the claim is less than $20) to a first degree felony (when the value of the claim is more than $200,000). The issue presented in this case is whether “value of the claim” in Section 35.02(d) means the entire amount of the claim or just the fraudulent portion of the claim. The Court…